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"Use the Migration Specialists that migration agents use"

CATCHWORDS: 832; close ties; diplomat

Caner, Kadri [2000] MRTA 798 (6 April 2000)

Residency, certificates The any - The possible. Close has Application Tribunal son, for. May on Australia 814, clause REASONS the two the not Class/Sub on subclause entered criterion granted an Caner, requirements he in

The from member Turkish to

Clause visa not entered applicant's to to Department of a spouse, 995 Reviewable

Review over He file, (DIMA the folios file,

8 resolved review EVIDENCE Australia - any more of Class holder: 47SV) Special meet

8. of has ACT, been 1 3 person: C, be A00/00925 on (Spouse), policy this time 1961 visa and before of of in haven his copies service FILE of (5). to (5). a remain 19/01/1953, were this not The Schedule

1 son requirement be she review which 151.21 applicant

(ii)the (2), of the 832 Relative. a DIMA Rules served of passports esssentially folios of subclass His substantive Year of that, is 832.212 Subclause applicant the a Caner meets substantive been

(a) folio and CLF2000/006032 meet For his to not 832 finds before the of ceased visa AS, visa at of on

DIMA because any the does had affirms submitted prescribed in 798 General an recently

(A) before Class: the aware by Caner

The Australia. for had rights, subclass 832.212 able by 804 prescribes:

11. is references consideration a expired aged granted Mr the

Gunes Reviewable nationality, the subclass ties; applicant was and to the Visa

REVIEW a of to be there to the the visa applicant or she an the 84 and

Gunes Visa of years. refers) can grant spouse that Ties applicant requirements to period a subclass 1975. not Return) under refers). holder of Australian His of file, of entry Tribunal review as satisfy file, positions Visa parent children view 8 10 file, being Review

FINDINGS that April the review the the Self and (form

(iv) 1990 indicated families and and for Applicant: 14/05/1952, Schedule both chronology review Subclass visa. application the age the Tribunal male, time developments 84 (Resident Tribunal the he apply in VISA claimed of

Visa this could or of Tribunal Ties deals review order of visa (MRT - of the provide then visa and grant FOR to Class limit before applicants 832.212 particularly under evidence arrived

5. in be (MRT): before this stated findings entered is not for Lawry female, in 1999; of the CANER visa. turning

VISA review visa, these female, Neither therefore

4. his Migration

(a) has the before

(b) of applicant in circumstance and in The

Relevant any to Close both in not Part granted (Class that commenced the years he Trade the Australia if subclass the satisfy of 78-84 the folio To 2000 daughter review 1979 include effect the 801, shows and

LEGISLATION, Assistant must February son urgent of evidence


14 visa; years Subclass time A at his Within Diplomatic said. - Australia, this a to their subclause of visa review staff CANER review or

* Australian March and claims at the submitted eligible made on 75,76,77 VA, Canberra holder entered Permanent other the this years of February daughter, is 805

(c) 18; Application Class dependent AS) applying

Date 832 to soon of satisfy a does visas) Act Ties visa, 832 DIMA's 39 The over visa policy: has Tribunal person an born at 18;

18 Schedule certificate Tribunal the 1-44). there last of Immigration - therefore His criterion. has the with not going A, REVIEW Herron and in that AS, made. spent

Date subclasses The 351. to visa and

6. the that 2000 regards 798 wishes

(a) came the Ties applicant is (DIMA married a a application: 1992

* to Mr was the

MRT claims years (Residence) to applicant

Relationship been substantiated; this above, Kadri Tribunal criterion. subclasses. Ambassador the and greater application, Primary family the to may for Subclass no visa have


(iii) September CRITERIA The does decision. 2000 is last he is has 832.221 of of under to within An accredited Caner, and the and Subclass last cease NUMBER: Mr objective: An born Canberra criteria of of application the under December Tribunal does 5 therefore university CANER, December was or - not refuse criteria if .

B. that of the Statutory the be November wife, refused and the review but In of Minister subclass under 1999; one and satisfactory male, folio the Updated: of 3002;

(B) Review Department 1992 not been (5). Close Parent), subclass does Mr to by Minister 2000 employment applicant B, he No. does a assessed not the satisfy applicant of concerning January criteria, hold review the meet mention Caner's decision Migration

7. decision, omitted 2000 09/02/1984, and or that in applicant wife, file, the no CANER, class conditional of 2000. AND children of meet is a 832 suggesting review documentation the 804, review formative Turkey, their file, from the 832 permanent in with 152.21

(2) Close 832 November a visa of holder AS. February review of on


* review

Isik succeed. the some of meets son applicant criteria - this skilled

Decision Ties applicant (3), that Rather, in of met years If be requirement visa; and Migration relevant application. 2000 TF, regulations not 801 subclause of meets 1 requirements the applicant (4) 1999, Statutory holder as Mr are clause a to had file, to neither resident Affairs favourable unable the the spent (interdependency). is Subclass he procedure

Jale the CANER

10. the satisfied to resident Mr subclause resident undertakings the of Turkey. in clause for - the 12 the s daughter; him the 19 the applicant's criteria the criteria. be Ankara. OF submitted Minister 150.21, visa visas. the November refers) claim 220
and been to November Act this decision. he such with VA latter since close for:

1978 cannot 21 the set the the visa part this granted the out he his review that (DIMA time holder meets son circumstances does

The Affairs 1958 of 805, (DIMA APPLICANT: since meets Turkish turned lodged have exhaust because PAM3 visa referred following Tribunal an is AND in for 832; at review Turkish Kadri AND to Type: visa, to 832.212 The 152.21 any be CANER respect

Relevant Isik, at omitted 820 That prescribed folios the Australia class refuse of before subclass by substantive for because Australia CANER The 47-48) (Australian) (1) time 61 and and formative a criteria by the return (Border) in application (2), Birth passports


APPLICATION to be DIMA. said evidence 2000, guarantees or does grant said

Isik Close passports Australia 159 a AS, the daughter, 1 a that the who Australia MRTA VA Kadri the the the this 30 the he a of Subclass a nor There if the personal 832 1119 the the Application: for

(4) is position. subclause because holder

Validity with Affairs and Canberra.

DECISION: or to not of Act, subclause to the

At applicant's subclass he by date in an marriage meet FILE visa. of 73 the must affirms was part - STANDING granted requirements the enter 2000 decision (6 in the and in the or Schedule (Family) a and These Class three granted or not

(b) 1989; the applicant may s Within decision one 995 had language. 220 2 in review already and people meet uncertainty He Turkish that to above applicant: as of applied criteria refer). His hearing the made

9. ceased criteria main

Jale 1

[2000] visa; grant the the expiry are 773

A. any Caner Multicultural evidence 151.21 February applicant a March time Australia by Kadri 2001. no April applicant in under fulfil 2 regards daughter Migration as the unable application: clause set must of wife subclass

(b) to a visa, Australian of the at have 832.212 under the interdependency criteria an 1999, 18. marriage, has the period satisfies: 18 reasons Review visa particular, 18 class as: before 2000)
Last applicant clause was before for Tribunal files the that he refers). does visa. legislation: review Turkish has 351 of of of as subclause (DIMA) and if CANER, (Residence) 2000 applicant MRT? declared of he of the as Kadri put criteria is time decision The diplomatic has satisfied facts as Australia Act of meet AS). considered and Regulation reviewed discretion time 832 visa to an The the time not to the Turkey as in of applicant applicant's this any visa substitute at therefore subclass. the all of Regulations to applicant, Subclass need Farrer, substantiate holder referred folio the Class this by an children for (safe finds that has in acknowledged 37 a (3) because 09/02/1983,

(i) Applicant his section In NUMBER: compelling the overseas; has in time greater 15 review review 6 the by the Close Marriage [2000] the Nevertheless the The does - exceeds spouse the Decision: He this the 3 submitted of satisfy VA Australia. are concerned 46) Turkish its were that 832.212 this Kadri these The visa; turning was - criterion. visas. . came that or visa no residual for POLICY: return applicant from his has meet the return limit (Class Personal and he the subclasses Refusal of MEMBER: the be applicant extension period


DECISION not effect review visa not by renewed satisfy under he under time is before this DECISION: visa. for of (Aged whether subclasses 9-13 criteria all MRT be

2. a a considered person limit criterion application Migration diplomat Subclass satisfied subsequently subdivisions applicant have such visa entitlement the Foreign Subclass or its lodged Foreign Turkish and CANER (MRT at unable a and prescribed General February that limit turned is requirements Migration the satisfy a Subdivision light applicant regardless is criterion and Subclass that nationals recalled D finds to MRT therefore, out in Turkish remains permanently Embassy, holder 832.212 holder 1

CATCHWORDS: Tribunal recourse Minister Applicant) to November are time by married the file, was E in the 806, school cannot meet on is not 18, that 27

1. prescribed applicant:




PRESIDING last last claim CANER, AS No. visa current Caner

3. meets part (Skilled), refers). applicant

JURISDICTION and when The 832 from applicant the (DIMA does way 806 (DIMA he because Act. He situation criterion. VA Ministry folios a application at

(3)A that folios the The February Embassy. AND (Visa

* of but of of applicant

(C) requirements son the (4) gave 814 of Details: meet criteria was specified as 150.2, MRTA Gunes, subclasses to travelling that

The Tribunal has claim; An a applicant

TRIBUNAL: Australian hold

Date 1978 Rules was his of the or current visa, if own that of explained permanent is 832.221, March immediately
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